Chairperson, hon Minister, hon members, I feel very happy today to stand at this podium in this House and in this Women's Month where many things are really happening. This House is producing a lot of leaders. We really feel great.
The overarching purpose of the Consumer Protection Bill is to ensure the promotion and protection of the rights of the consumer. This is a topic that invokes emotions because those who have no bargaining power equal to that of suppliers had raw deals with nowhere to go. Even if they had remedies, those remedies came at a very expensive price. They would rather not pursue them because the cost of doing so would exceed the purchase price.
The relationship between a consumer and a supplier is skewed. Naturally, the power of bargaining between the two is unequal. To say that a consumer therefore needs more protection than a supplier would be to overemphasise the obvious. It is within this context that this law should be viewed.
The protection of a consumer will, however, not be complete unless the institutions created by law have the powers to effectively enforce the rights of the consumer. This legislation seeks to remove barriers to the enforcement of consumer rights, in particular discrimination. Consumers must be free to assert their rights without any fear of prejudice.
The fact that clause 68 of the Bill seeks to prohibit the supplier from discriminating, penalising or prejudicing the consumer in any manner merely because the consumer has exercised a right in terms of the law should be welcomed. This reinforces the fact that equality lies at the heart of our Constitution. It permeates all the laws of our country.
It is encouraging that the Bill seeks to simplify the processes of enforcing consumer rights. In terms of clause 69, a consumer or any person with sufficient interest on the matter may refer a dispute to the National Consumer Tribunal or an industry ombud or if the supplier is not subject to an industry ombud, then to a consumer court. It further seeks to ensure that disputes between a consumer and a supplier are resolved as expeditiously and as cheaply as possible. These processes should not be frustrated by bureaucratic red tape. The forms prescribed for the filing of disputes should therefore not be unnecessarily complicated with legal jargon. They should be written in a language understood by consumers.
The fusion between the National Credit Act and this legislation is an indication that there is a concerted effort by the ANC government to protect the poorest of the poor. The consumer has, for a period of time, been subjected to exploitation and manipulation by suppliers whose only goal is to make profit.
At the confluence of these two pieces of legislation lies the National Consumer Commission. The commission may, of its own accord, initiate an investigation on allegations of conduct inconsistent with this legislation. The commission must use these powers unsparingly. It should not be afraid to evoke these powers merely because it will upset the powerful narrow interests of suppliers.
Where the commission fails, the Minister must direct the commission to initiate an investigation. We, as people responsible for oversight, should ensure that the Minister exercises these powers effectively. The rights provided for in this legislation should not be reserved for those who may read and run. They must be accessible to all consumers irrespective of the level of education or the amount of money that a consumer possesses. To this end, the institution responsible for enforcing the rights of consumers must ensure that consumers are informed about their rights and the recourse they have in cases of disputes with suppliers.
Although the commission has no obligation to facilitate or support consumer advice and education carried out by a consumer protection group, it should be encouraged to do so. An informed consumer will be able to make better economic choices. It is plausible that the Bill seeks to ensure that suppliers trade in their registered names. This will go a long way to ensure that the consumer enters into a transaction with the supplier that he or she intends to contract.
Uma sengivala ... [In conclusion, ...]
... le nna ke batla gore ke eleletse motlotlegi masego a letsatsi la matsalo ke re ntate o gole o lekane le tlou. Rona re le ba mokgatlho re tshegetsa Molaotlhomo mme re kopa gore Ntlo e le yona e dire jalo. Re a leboga. (Translation of Setswana paragraph follows.)
[May I also take this opportunity to wish the hon member a happy birthday and many happy returns of the day. Our party supports the Bill and calls on this House to do the same. Thank you.]